Outcry for Haitians

Temporary Protected Status sought for undocumented immigrants

October 13, 2008|By Georgia East and Luis F. Perez Staff Writers

Since he was detained by immigration officials in August, four storms have torn through Jean Delva's homeland. They wiped out roads and bridges, flooded fields and obliterated a meager food supply. More than 850,000 people are displaced; 50,000 homes are damaged or destroyed. Hundreds died, and United Nations officials say many more might if they don't get help.

Sending him back would be cruel, immigrant advocates say. They, and 31 congressmen, are urging the United States to grant undocumented Haitian immigrants like Delva what's known as Temporary Protected Status, allowing them to stay and work here legally but temporarily. On Oct. 3, pushed by local activists, Haitian President RenM-i PrM-ival made his first public request for TPS since the storms.

The move, they hope, will spur the United States to grant the status. It's not unheard of.

Two weeks ago, the Bush Administration announced it would extend temporary protected status to an estimated 300,000 Honduran, Nicaraguan and Salvadoran nationals who have been allowed to stay for years after natural disasters struck their countries. It was granted to Hondurans and Nicaraguans after Hurricane Mitch hit in 1998 and to Salvadorans after a series of earthquakes in 2001.

While immigrant advocates argue it's unfair to deny Haiti the same benefit afforded those countries, opponents say the fact that the immigrants from those other places are still here is proof the system doesn't work.

"If Bush had ended the TPS for the Central American countries, then we would be in favor of TPS for Haitians," said Roy Beck, president of NumbersUSA, which advocates reduced immigration. "The reason we don't is that there's no 'T' in TPS."

David Abraham, a University of Miami law professor and immigration expert, said the country's mood toward immigration was much different 10 years ago. He doesn't think Preval's public statement will have an effect.

"This situation in Haiti has been so horrendous for so long that I don't see how additional misery would change the situation," he said.

Local activists estimate there are about 15,000 Haitians here with orders to leave.

"I just don't know how dire conditions have to become before the U.S. government is willing to grant Haiti this long-merited assistance," said Congressman Alcee Hastings, D-Miramar.

The advocates argue deporting immigrants with no criminal record delivers Haitians a double blow: It cuts off income for their families here and abroad.

"When you deport someone to that country, all you're doing is adding another mouth to feed and cutting off support to Haiti," said Steven Forester, senior policy advocate at Haitian Women of Miami. "If you want Haiti to get stable and get on its feet, you stop deportations so that we keep the money flowing there."

Immigration and Customs Enforcement temporarily stopped deporting Haitians last month. But that's not the same as TPS. The pause could end at any moment, and it doesn't allow undocumented immigrants from Haiti to work legally.

Also, ICE agents continue to detain Haitians, even those like Boynton Beach resident Delva - his American wife is five months pregnant. Married just three months when he was detained, he was picked up by ICE at his job before he filed his paperwork seeking residency.

"I respect the law. I love my family," Delva said from a detention center in Deerfield Beach. "Now I have a child on the way, and I'd like to be able to help my family."

For now, though, Delva waits in limbo, detained but not deported, with no resolution in sight.

"Everyone says America is a good country that believes in preserving family," his wife, Patricia Dinvil, said, rubbing her swollen belly. "How can they tear our family apart like this?"